1. (a) The state energy conservation office shall establish and publish mandatory energy and water conservation design standards for each new state building or major renovation project, including a new building or major renovation project of a state-supported institution of higher education. The office shall define "major renovation project" for purposes of this section and shall review and update the standards biennially.

2. (b) The standards established under Subsection (a) must:

   1. (1) include performance and procedural standards for the maximum energy and water conservation allowed by the latest and most cost-effective technology that is consistent with the requirements of public health, safety, and economic resources;
   2. (2) be stated in terms of energy and water consumption levels;
   3. (3) consider the various types of building uses; and
   4. (4) allow for design flexibility.

3. (c) Any procedural standard established under this section must be directed toward specific design and building practices that produce good thermal resistance and low infiltration and toward requiring practices in the design of mechanical and electrical systems that maximize energy and water efficiency. The procedural standards must address, as applicable:

   1. (1) insulation;
   2. (2) lighting;
   3. (3) ventilation;
   4. (4) climate control;
   5. (5) water-conserving fixtures, appliances, and equipment or the substitution of non-water-using fixtures, appliances, and equipment;
   6. (6) water-conserving landscape irrigation equipment;

   7. (7) landscaping measures that reduce watering demands and capture and hold applied water and rainfall, including:

      1. (A) landscape contouring, including the use of berms, swales, and terraces; and
      2. (B) the use of soil amendments that increase the water-holding capacity of the soil, including compost;
   8. (8) rainwater harvesting equipment and equipment to make use of water collected as part of a storm-water system installed for water quality control;
   9. (9) equipment for recycling or reusing water originating on the premises or from other sources, including treated municipal effluent;
   10. (10) equipment needed to capture water from nonconventional, alternate sources, including air conditioning condensate or graywater, for nonpotable uses;
   11. (11) metering equipment needed to segregate water use in order to identify water conservation opportunities or verify water savings;
   12. (12) special energy requirements of health-related facilities of higher education and state agencies; and
   13. (13) any other item that the state energy conservation office considers appropriate.
4. (d) A state agency or an institution of higher education shall submit a copy of its design and construction manuals to the state energy conservation office as the office considers necessary to demonstrate compliance by the agency or institution with the standards established under this section.

5. (e) A state agency or an institution of higher education may not begin construction of a new state building or a major renovation project before the design architect or engineer for the construction or renovation has:

   1. (1) certified to the agency or institution that the construction or renovation complies with the standards established under this section; and
   2. (2) provided a copy of that certification to the state energy conservation office.

Added by Acts 1987, 70th Leg., 2nd C.S., ch. 52, art. 2, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 612, Sec. 1, eff. Sept. 1, 1989;

Acts 1995, 74th Leg., ch. 76, Sec. 5.95(50), eff. Aug. 28, 1995;

Acts 1995, 74th Leg., ch. 526, Sec. 8, eff. Sept. 1, 1995;

Acts 1995, 74th Leg., ch. 698, Sec. 5, eff. Aug. 28, 1995;

Acts 2001, 77th Leg., ch. 573, Sec. 10, eff. Sept. 1, 2001;

Acts 2001, 77th Leg., ch. 1158, Sec. 28, eff. June 15, 2001;

Acts, 2001, 77th Leg., ch. 1398, Sec. 1, eff. Sept. 1, 2001.

Reenacted and amended by Acts 2003, 78th Leg., ch. 1310, Sec. 29, eff. June 20, 2003.

Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.27, eff. September 1, 2009.